A clause in the Emergencies Act requires a public inquiry be held after the declared emergency has ended. As a consequence of the Act's imposition to deal with the clownvoy, such an enquiry was held. It determined that it was justified.
Federal government met the threshold to invoke Emergencies Act: Rouleau | CBC News
Not satisfied, the Canadian Civil Liberties Association and the Canadian Constitution Foundation brought a case before a federal court to argue that it was
not justified. The judge has just ruled that it was not justified.
Ottawa's use of Emergencies Act against convoy protests was unreasonable, violated Charter, court rules | CBC News
I read the ruling and found this a bit odd:
At the outset of these proceedings, while I had not reached a decision on any of the four applications, I was leaning to the view that the decision to invoke the EA was reasonable. I considered the events that occurred in Ottawa and other locations in January and February 2022 went beyond legitimate protest and reflected an unacceptable breakdown of public order. I had and continue to have considerable sympathy for those in government who were confronted with this situation. Had I been at their tables at that time, I may have agreed that it was necessary to invoke the Act. And I acknowledge that in conducting judicial review of that decision, I am revisiting that time with the benefit of hindsight and a more extensive record of the facts and law than that which was before the GIC.
While he ruled in favour of the applicants, he only did so with the benefit of hindsight? He also stated that there is other more appropriate legislation that would have enabled authorities to deal with the issue. But, the City of Ottawa and Ottawa Police Service, as well as the Ontario Government and Ontario Provincial Police
all failed to act with the authority granted them. As far as I know, the only remaining tool available to the Federal Government was the EA. If the lower levels of government had been more competent, it never would have come to invoking the EA.
Regardless, the Federal government is appealing this ruling to the Federal Court of Appeal. The Supreme Court of Canada would make the final ruling if it goes that far.
